Family Law > Unmarried couples and their finances
If there are children the person looking after the children for most of the time can apply for maintenance via the CSA, if all parties and the children live in the UK and the child is of secondary school age or younger. The so called “non resident parent” i.e. the person with who the child spends less of the time would pay:
a) 15% of his/her net income for one child
b) 20% for two children
c) 25% for three or more children
subject to:
a) Maximum payments for paying parents with high incomes
b) Minimum payments for those on Benefits or low incomes
c) Reductions for shared care
d) Limited “special cases”
Where one of the parents/the children live outside the UK or where the children have left secondary school but are still in education (e.g. University) maintenance can be claimed from the Family Courts under provisions called The Children Act.
The Children Act can also be used to claim lump sums, or to seek the transfer of property, for the benefit of the children. The Court applies similar tests to those applicable to divorcing couples (see above).
Where there are no children
There are limited rights for couples who are engaged but not married. Seek advice if these are your circumstances. The remainder of this section relates to couples who have never married, had no children or never been engaged.
If you do not own a house or own other property together, you have no general right to seek lump sums or maintenance from your former Partner, like parents and married people do.
If you own any joint investments in proportions stated in your contract with the investment providers, for instance, if one Insurance Company says you own half of an endowment, we can help you get your share released if your Partner will not co-operate.
With homes, always look at the Title Deeds first. If you and your Partner are deemed to own the house 50/50 on the Title Deeds that is how the equity or sale proceeds should be split, even if since you bought it one of you has paid more towards the mortgage than the other.
If the Title Deeds say nothing about the manner in which the equity is owned, ask yourself:
- Did one of you tell the other the house was “their home”? or “as much your house as mine”? Some Judges have awarded ex-partners an interest in the equity where promises like this were made.
- Has either of you made direct payments towards home improvements or redeeming the mortgage even though they weren’t registered as an owner? If so you could have acquired an interest under “the Law of Trusts”. You will need to compare what you or your Partner have put into the house in relation to one another during the period that you lived together.
Proving one of the above can be difficult. That is why we as a Department
always try to help you reach a negotiated settlement and have one eye on
achieving a workable deal. We do not believe in clients running up
unnecessary costs in cases like these
What is a “Common Law Wife/Husband”?
In short: Nothing: It is not a concept recognised by English law. You and
your Partner do not acquire an interest in one another’s houses simply by
living together. You acquire an interest in one of the ways it is described
above.
If you are just settling down together
Make sure that the Solicitor handling your house purchase records carefully
how you want the equity in the house to be shared out. Note that marriage
and children can change everything, but that couples who do not marry and
do not have children can sometimes regulate their affairs by Deed. Consult
us if you think it applies.
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